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(영문) 서울행정법원 2020.05.15 2019구합84345
파면처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On March 1, 1986, the Plaintiff, as B, was appointed as the tax office of the Seoul Regional Tax Office Ctax Office, the Seoul Regional Tax Office Ctax Office income tax 2 and the one team for investigation, started its business as a tax official. On January 3, 1996, the Plaintiff was promoted to the tax assistant, and was promoted to the tax assistant on December 23, 2005 (Grade VI).

From January 12, 2015 to January 12, 2017, the Plaintiff was discharged from position on January 29, 2019 while the Plaintiff served as the D Tax Office’s property tax payment corporation and the property 2 team leader on June 11, 2018. The E Tax Office’s operation support and work support team was transferred to the E Tax Office’s work support team on June 11, 2018.

B. On November 21, 2018, the Ministry of Incheon District Prosecutors’ Office notified the director of the tax office of the results of the disposition of the case under which the Plaintiff was indicted due to the illegal disposition and the suspicion of offering of bribe after accepting the bribe.

C. On January 18, 2019, the Director of the Central Regional Tax Office requested the National Tax Service General Disciplinary Committee to decide on the Plaintiff’s misconduct.

The vice branch court of the Incheon District Court on April 5, 2019 is the plaintiff's Na.

Recognizing the conviction of each of the charges described in the paragraph, the court rendered a judgment ordering the Plaintiff to suspend the execution of imprisonment for a period of two years from the date when the judgment became final and conclusive, and to additionally collect 3.5 million won from the Plaintiff, and to additionally pay a surcharge and a fine equivalent thereto.

(2018, 259). e.

On April 12, 2019, the National Tax Service General Disciplinary Committee deems that the Plaintiff’s act constituted grounds for disciplinary action under Article 78 of the State Public Officials Act in violation of Article 61 of the State Public Officials Act, and on the grounds delineated below, it shall prepare a report on completion of inheritance tax investigation to the effect that, in a criminal trial judgment of the first instance court, a tax agent receives KRW 7 million from the tax agent to terminate the case of G inheritance tax investigation according to the return amount, and even if no evidentiary document is provided, it shall receive a bribe with the approval of his superior, and shall accept the bribe with the approval of his superior.

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